VIRGINIA IRON, COAL & COKE CO. v. BROWN


37 Misc.2d 347 (1962)

Virginia Iron, Coal and Coke Company, Plaintiff, v. Samuel T. Brown et al., Defendants.

Supreme Court, Special Term, New York County.

November 1, 1962


Attorney(s) appearing for the Case

Casey, Lane & Mittendorf (Robert W. Sweet and David Orlin of counsel), for John L. Kemmerer and another, defendants. A. Walter Socolow and Robert B. Block for plaintiff.


VINCENT A. LUPIANO, J.

The defendants Kemmerer and Peters, former directors of the plaintiff corporation, move pursuant to rule 107 of the Rules of Civil Practice for an order dismissing the first cause of action of the second amended complaint upon the ground that maintenance of the first cause is time-barred. The question is whether the three or six-year statute is applicable and it is conceded that this action was commenced more than three years after...

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